Jail Time for Social Workers?

UK Prime Minister David Cameron is raising the notion of social workers facing jail time, perhaps up to five years, for failing to protect children from sexual abuse. A summary of the proposal is covered by  Community Care. One can easily see why this idea has come forward in the UK. Recently, there have been very high profile cases in which social workers failed to protect children from large scale abuses. A serious care review in Oxfordshire has shown that workers had knowledge that would have allowed them to protect girls.

There has also been the recent case of Rochdale where there have been multiple victims. But the story of sexual abuse in the UK has been a relentless story in the media. There is the recent conviction of former rock star Gary Glitter for sexual abuse several years ago. The Jimmy Savile case in the UK has shown a profound pattern of sexual abuse over many years with hundreds of victims. Savile, a former BBC pop music icon had access to children in many places.

In Australia, a Royal Commission continues to hear story after story of those in authority who failed to act to protect children when the information was available that something was wrong. There too, the stories seem relentless.

In the UK, the public must be weary of the ongoing media coverage of how children have not been protected by child protection - Victoria Climbie, Daniel Pelka, Baby Peter, Khyra Ishaq - and these are only the recent ones. Confidence in the ability of child protection to do their job can only be fragile given these stories. They must be asking what's wrong?

It is in this environment that Cameron raises the idea that social workers could face jail time for being wilfully blind to the risks that children are facing. It could be an idea that can gain public traction easily. Yet, is it the right thing?

Such as approach fails to ask some very key questions:

1. There are many other professionals involved such as police, doctors, health care, teachers - how will they be held accountable?
2. There are questions of caseloads - what can a worker be expected to do with caseloads of 20-30 oe even higher?
3. There is leadership - what is the role of supervisors, managers and community leaders?
4. There is training - have front line workers been given the training needed to see what is going on. Sexual abuse is a specialized area but front line workers are generalists.
5. Inter agency coordination is essential but it remains one of the key areas of difficulty.

The approach also fails to recognize how often these investigations are inconclusive. Very few cases go sexual abuse have physical evidence. It takes quite skilled investigators to work through these cases. Are we putting such skilled workers in place?

There is also the consideration that this may act to drive social workers away from child protection which is possibly the most complex and challenging form of social work. The turnover rates are high meaning that seasoned, skilled workers with this sort of specialized knowledge are not plentiful.

I can well see why Cameron (who may also be facing an election soon) can find this proposal appealing. It may not be the best way to go, however. But his concern is valid while the solution may not be.

Should social workers at the Phoenix Sinclair Inquiry have anonymity

Justice Ted Hughes has been asked to conduct a public inquiry into the death of Phoenix Sinclair. She died in 2005 when social workers took her out of her foster home and placed her back with her mother. According to  Canada.com:

According to evidence in the first-degree murder trial that led to life sentences for her mother, Samantha Kematch and her stepdad, Karl McKay, Phoenix was frequently confined, shot with a BB gun and forced to eat her own vomit. 

We have seen how social workers who appear to have made mistakes in a child protection case can be vilified in the media. Those involved in the management of the Baby Peter case in England were dragged through the press and scapegoated and judged harshly by the media.

In the case of the Matthew Vaudreuil case in British Columbia, social workers felt targeted by the Gove Inquiry. Some may have suffered for years from the experience.

Too bad critics might say. They might argue that if you fail in your job, then the public has the right to know. Yet, social workers are often trying to manage case loads that are too high; cases that are very complex; resources and budgets that are limited and political agendas that children should be reunited with family as often as possible (the family preservation agenda).  A child kept away from family unnecessarily is a tragedy - a child returned and killed is one also.

RCMP officers in the Robert Dziekanski case in Vancouver (when he was killed by a Taser incident) were not granted anonymity before they were found culpable.

The majority of professionals who make mistakes in their work are not dragged into the media. Public inquiries might be a different kettle of fish because government has purposely set up a process for the public to find out what went wrong.

There are many examples of public inquiries where the names of social workers have been made public and many where they have not. The argument in favour is that the public have the right to know - but do they need to know the who? What perhaps they really have the right to know is what happened.

The goal of a good inquiry is not retribution. Rather it is an attempt to find ways to avoid repetition. Good inquiry seeks to understand but to get there, participants need the freedom to really talk about what happened and why. If the participants fear the consequences, then open discussion is unlikely . Rather, protection of self becomes the goal.

Justice Hughes must decided how best the truth will come out. 

The effect of a high profile death

The case of Baby P in England continues to have a long term effect. While there is no question that Baby P's death was a horrible and no child should die in such circumstances, it is his legacy that is of note. Since his death, there has been a growing number of cases reported to child protection cases in the UK.

The latest numbers come out of Wales. "There were 2,700 children on the child protection register in March 2010, an increase of 31% from 31 March 2009, the Welsh Assembly Government figures found. The figures show an even more marked rise on statistics for March 2008, eight months before the Peter Connolly case hit the headlines, when 2,320 children were on the register." (Source: BASW news, December 1, 2010).

What is perhaps most interesting is how again we see the link between child protection concerns, particularly neglect, and poverty. A report reviewing child protection in Wales, From Vision to Action, notes that while social workers are often overwhelmed with caseloads, and budgets from governments often more limiting, there are powerful societal trends at work. "...the From Vision to Action report by the Independent Commission on Social Services in Wales which points to a calculation that 51% of looked after children in Wales live in the 17% of neighbourhoods identified as the most deprived (BASW).

The Welsh report wisely notes that budget cuts in services to vulnerable populations will lead to some long term costs. "Retreating into core services and away from prevention and collaborative improvement would undo gains made in recent years and would quickly become unsustainable" (p.6).

One of the more delightful insights from the Welsh report is how the bureaucratization of child welfare (often a response to high profile deaths) is counter productive. "Current assessment systems for adults and children are overly-bureaucratic, too concerned with process, poorly served by IT and do not assist professional judgment about risk" (p.7).

I am very struck by a quote in the Welsh report that puts into context the world in which services and programs for children and families operate: “ People want a life not a service” (p.27). If we are busy serving the bureaucracy and protecting it,how well do we really serve clients?

Welsh report:
Pearson,G., Jones, J.,Williams, R.H. & Robson, P. (2010). From vision to action: The report of the independent commission on social services in Wales. Downloaded December 2, 2010 from http://dl.dropbox.com/u/3522570/ebulletin/wales-visiontoactionenglish.pdf